JUDGMENT

J.S. Verma, J. - Leave granted in special leave petitions.

2. The common question of law for decision is: Whether the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 can be invoked by an accused arrested for commission of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act''), to claim release on bail in the expiry of the total period specified therein if the complaint is not filed within that period? The Madras High Court has answered this question in the affirmative and directed the release on bail of the respondents who were arrested for the commission of offences under the N.D.P.S. Act in default of filing the complaint within that period. Hence, these appeals by special leave.

3. The material facts are only a few Admittedly, the Narcotics Control Bureau got a tip-off that a consignment of flasks exported from Madras to Israel contained Hashish concealed therein; and pursuant to this tip-off the consignment was seized at Israel on 8.6.1994. On the basis of information, the premises of the accused Armukham, Nagraj and Arif U. Patel were searched at Madras and their stat